218Fishways to be provided in construction of dams and weirs

#### 218 Fishways to be provided in construction of dams and weirs 218 Fishways to be provided in construction of dams and weirs > > (1) The Minister may, by order in writing, require a person (other than a public authority) who constructs, alters or modifies a dam, weir or reservoir on a waterway to carry out, within the period specified in the order, such works as may be so specified to enable fish to pass through or over the dam, weir or reservoir. > > > (2) The Minister may also, by order in writing, require a person responsible for the management or control of a dam, weir or reservoir to carry out repairs to a fishway or fish by-pass. > > > (3) A person who fails to comply with an order under this section is guilty of an offence. > > > > Maximum penalty—In the case of a corporation, 2,000 penalty units or, in any other case, 1,000 penalty units. > > > (4) If a person fails to carry out the work specified in an order under this section within the period so specified, the Minister— > > > > > (a) may cause the work to be carried out, and > > > > > (b) may, by proceedings brought in a court of competent jurisdiction, recover from the person as a debt the cost of carrying out the work. > > > (5) A public authority that proposes to construct, alter or modify a dam, weir or reservoir on a waterway (or to approve of any such construction, alteration or modification)— > > > > > (a) must notify the Minister of the proposal, and > > > > > (b) must, if the Minister so requests, include as part of the works for the dam, weir or reservoir, or for its alteration or modification, a suitable fishway or fish by-pass. > > > (5A) This section does not apply to or in respect of any work or waters of a kind exempted from the operation of this section by the regulations. > > > (5B) A person (other than a public authority) must not construct, alter or modify a dam, weir or reservoir on a waterway unless the person ensures that the Minister is given notice in writing of the proposed works at least 28 days before the commencement of the works. > > > > Maximum penalty—In the case of a corporation, 200 penalty units or in any other case, 100 penalty units. > > > (5C) Subsection (5B) does not apply in respect of any works approved by a public authority or approved by the Minister administering the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) under Part 3A or Division 5.2 of that Act. > > > (6) In this section— > > > > dam, weir or reservoir includes a floodgate. > > > > waterway means a river, creek or other flowing stream of water, whether flowing regularly or intermittently, and includes any lagoon or other body of water that is intermittently subject to tidal influence or that intermittently flows into a river, creek or stream. > > **s 218:** Am 1997 No 153, Sch 5 \[38\]; 2000 No 86, Sch 6.2 \[14\]–\[16\]; 2001 No 104, Sch 1 \[22\]; 2009 No 114, Sch 1 \[107\] \[108\]; 2011 No 22, Sch 2.6 \[2\]; 2019 No 14, Sch 2.8\[4\].